Page:United States Statutes at Large Volume 62 Part 1.djvu/666

 636 PUBLIC LAWS-CH. 625-JUNE 24, 1948 [62 STAT. in the first paragraph of this article. Such Assistant Judge Advocate General and such Board of Review and Judicial Council shall be empowered to perform for that command under the general super- vision of The Judge Advocate General, the duties which The Judge Advocate General and the Board of Review and Judicial Council in his office would otherwise be required to perform in respect of all cases wf itigin involving sentences not requiring approval or confirmation by the Pandremiti at on President: Provided,That the power of mitigation and remission shall not be exercised by such Assistant Judge Advocate General or by agencies in his office, but any case in which such action is deemed desirable shall be forwarded to The Judge Advocate General with appropriate recommendations. "d . ACTION BY BOARD OF REVIEW WIEN APPROVAL BY PRESIDENT OR CONFIRMING ACTION IS REQURD.- Before any record of trial in which there has been adjudged a sentence requiring approval or confirmation by the President or confirmation by any other confirming authority is submitted to the President or such other confirming authority, as the case may be, it shall be examined by the Board of Review which shall take action as follows: ions,etc. 1) In any case requiring action by the President, the Board of Review shall submit its opinion in writing, through the Judicial Council which shall also submit its opinion in writing, to the Judge Advocate General, who shall, except as herein otherwise provided, transmit the record and the Board's and Council's opinions, with his recommendations, directly to the Secretary of the Department of the Army for the action of the President: Pro- vided, That the Judicial Council, with the concurrence of the Judge Advocate General shall have powers in respect to holdings of legal insufficiency equal to the powers vested in the Board of Review by subparagraph (3) of this paragraph. fre ordheldlegally "(2) In any case requiring confirming action by the Judicial Council with or without the concurrence of the Judge Advocate General, when the Board of Review is of the opinion that the record of trial is legally sufficient to support the sentence it shall submit its opinion in writing to the Judicial Council for appro- priate action. I record heldlegally "(3) When the Board of Review is of the opinion that the record of trial in any case requiring confirming action by the President or confirming action by the Judicial Council is legally insufficient to support the findings of guilty and sentence, or the sentence, or that errors of law have been committed injuriously affecting the substantial rights of the accused, it shall submit its holding to the Judge Advocate General and when the Judge Advocate General concurs in such holding, such findings and sentence shall thereby be vacated in accord with such holding and the record shall be transmitted by the Judge Advocate General to the appropriate convening authority for a rehearing or such other action as may be proper. or etc., to Judicial "(4) In any case requiringconfirming action by the President Coal. or confirming action by the Judicial Council in which the Board of Review holds the record of trial legally insufficient to support the findings of guilty and sentence, or the sentence, and the Judge Advocate General shall not concur in the holding of the Board of Review, the holding and the record of trial shallbe transmitted to the Judicial Council for confirming action or for other appro- priate action in a case in which confirmation of the sentence by the Ante, p . a. Jrresident is required under article 48a. "e. ACTION BY BOARD or REVIEW IN CASES INVOLVING DISHONORArLE OR BAD-CONDrCr DISCHARGES OR CONFPINRETr IN PENITNTTIARr.No authority shall order the execution of any sentence of a court-martial

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